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View Full Version : Sumarry of HR 1837 posted in the Striper forum



Mike McKenzie
02-15-2012, 11:00 PM
This Bill should be called a &$#@*%&*( a term I can't use in a public forum!)

San Joaquin Valley Water Reliability Act - Amends the Central Valley Project Improvement Act (CVPIA) to redefine "anadromous fish" for purposes of such Act as those native stocks of salmon and sturgeon that, as of October 30, 1992, were present in the Sacramento and San Joaquin Rivers and their tributaries and ascend those rivers and their tributaries to reproduce after maturing in San Francisco Bay or the Pacific Ocean. Excludes striped bass and American shad from such definition. (BAD)

Directs the Secretary of the Interior, upon request of the contractor, to renew any existing long-term repayment or water service contract that provides for the delivery of water from the Central Valley Project (CVP) for a period of 40 years and renew such contracts for successive 40-year periods. Requires a contract entered into or renewed pursuant to this provision to include a provision that requires the Secretary to charge only for water actually delivered. (WORSE)

Directs the Secretary to take actions to facilitate and expedite CVP water transfers. (BAD)

Prohibits the Secretary from imposing mitigation or other requirements on a proposed transfer. (WORSE) In other words let 'em of the hook for destroying our fisheries!

Authorizes the Secretary to modify CVP operations to provide reasonable water flows of suitable quality, quantity, and timing to protect all life stages of anadromous fish. (Very BAD, "Authorizes" has a whole different meaning than "Requires")

Prohibits the Secretary from requiring a payment to the CVP Restoration Fund, or environmental restoration or mitigation fees not otherwise provided by law, as a condition to providing for storage or conveyance of non-CVP water. Requires the Secretary to submit a plan for the expenditure of funds in the Fund, including a cost effectiveness analysis of each expenditure. Establishes a Restoration Fund Advisory Board. (Free ride for those that destroy our fisheries to enrich their selves)

Considers all requirements of the Endangered Species Act of 1973 (ESA) to be fully met for the protection and conservation of the species listed pursuant to that Act for the operations of the CVP and the California State Water Project (SWP) if such Projects are operated in a manner consistent with the "Principles for Agreement of the Bay-Delta Standards Between the State of California and the Federal Government" dated December 15, 1994 (Bay-Delta Accord). Preempts California requirements for the conservation of any species listed under ESA for the CVP and SWP that are more restrictive than the 1994 Bay-Delta Accord. (BAD) A far lesser standard than what we have now!

Preempts any state law that imposes more restrictive requirements or regulations on activities authorized with respect to San Joaquin River restoration. (BAD) What happened to the Republican hue and cry about State's rights??

Repeals the San Joaquin River Restoration Settlement Act. Directs the Secretary: (1) to cease any action to implement the San Joaquin River Restoration Settlement Act and the Stipulation of Settlement; (2) in each water year (October 1-September 30), commencing with the year starting on October 1, 2012, to modify Friant Dam operations so as to release the Restoration Flows (the minimum flow of 50 cubic feet per second at Sack Dam) for that water year; and (3) in cooperation with representatives of affected landowners, to develop and implement a least-cost plan to fully mitigate the impact on groundwater resources within the service area of the Friant Division, Hidden Unit, and Buchanan Unit of the CVP caused by the release of restoration flows.
(Really BAD) It rips up an agreement reach by all parties after 20 years of court battles and will no doubt, send everyone back to the Courts

Establishes within the Treasury a San Joaquin River Fishery Restoration Fund. (Bad) From the taxpayers pockets, not the users.

Prohibits the Secretary from distinguishing between natural-spawned and hatchery-spawned or otherwise artificially propagated strains of a species in making ESA determinations. (Bad) This concept has already been tossed by the Courts

Directs the Secretary, upon request of the contractor, to convert all existing long-term contracts with CVP contracts to contracts that require the repayment of the remaining construction costs identified in the most current version of the CVP schedule of Irrigation Capital Allocations by Contractor, by specified dates. (Does this mean the Taxpayers will finally get their money back?? Somehow I doubt it.)

Mike